Administrative lawWritsSupreme Court of India

Romesh Thappar v State of Madras

AIR 1950 Supreme Court 12419501 min read
The case in brief30-second read
Facts
Madras Government banned entry and circulation of "Cross Roads," a weekly journal published by Romesh Thappar. Ban imposed under Madras Maintenance of Public Order Act, 1949.
Issue
Whether pre-constitutional State legislation banning a publication can be challenged directly under Art.32, and whether the ban violates Art.19(1)(a).
Held
Art.32 is itself a fundamental right; the right to constitutional remedies.
Principle
Art.32 is itself a fundamental right; the SC cannot refuse a writ petition where a fundamental right is infringed. Freedom of press is part of Art.19(1)(a).
Cite this

Facts

  • Madras Government banned entry and circulation of "Cross Roads," a weekly journal published by Romesh Thappar
  • Ban imposed under Madras Maintenance of Public Order Act, 1949
  • Thappar directly approached SC under Art.32 challenging ban as violation of Art.19(1)(a)

Issue

  1. Whether pre-constitutional State legislation banning a publication can be challenged directly under Art.32, and whether the ban violates Art.19(1)(a).

Held

  • Art.32 is itself a fundamental right; the right to constitutional remedies
  • SC cannot refuse jurisdiction when a fundamental right is prima facie infringed
  • Freedom of press is part of Art.19(1)(a); ban on circulation directly curtails it
  • Pre-constitutional law must also satisfy Part III requirements after Constitution comes into force
  • Ban struck down as violating Art.19(1)(a); not saved by Art.19(2)

Ratio decidendi

Art.32 provides guaranteed access to the Supreme Court for enforcement of fundamental rights. It is not a discretionary remedy but a right in itself. When a citizen's fundamental right is threatened by executive action, the writ jurisdiction is the primary constitutional safeguard.

Exam use

How to use it in an answer

  • Part A: Nature of Art.32 jurisdiction; Art.32 vs Art.226.
  • Part B: Freedom of press as integral to Art.19(1)(a).
  • Key line: "Art.32 is the cornerstone of the democratic edifice raised by the Constitution. The right to move the Supreme Court is itself a fundamental right."

Cite this

Citation

Romesh Thappar v. State of Madras AIR 1950 Supreme Court 124

Reported: Massey, Administrative Law; AIR 1950 SC 124. This is an educational summary, not the judgment itself. Cite the reported version in professional or academic work.